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Last update - 22:10 27/08/2007
Beinisch: Friedmann's reforms are assault on Israeli democracy
By Yuval Yoaz, Haaretz Correspondent

Chief Justice Dorit Beinisch Monday attacked Justice Minister Daniel Friedmann, calling the minister's proposals for curbs on the High Court constitued a direct assault on Israeli democracy.

Friedmann has urged restrictions on the universal right to petition the High Court of Justice and on the constitutional validity of its rulings in matters of public affairs.

Beinisch made the comments as she and Friedmann attended the swearing-in ceremony Monday for new High Court judges at the President's Residence.

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In her speech, Beinisch said that "judges can fulfill their role as the defenders of human rights if, and only if, the judicial system is accessible to everyone; only when judges face human suffering, or the distress of the unprivileged."

She said that "the attempts to restrict the High Court's jurisdiction, preventing it from ruling in these issues, are a direct assault on the democratic character of the State of Israel, on the viable democracy which our society has established and takes pride in."

"The validity of the petition must not be determined by the petitioner's identity, but by the essence of the matter at hand," she said.

She also referred to the minister's recurrent criticism of the High Court of Justice. "Criticism which is exclusively motivated by the desire to discredit the court, to undermine its jurisdiction and destroy its credibility and autonomy, will not dispirit us. The court cannot overlook its obligation to protect the rule of law and human rights."

Beinisch told Judge Hanan Meltzer, a new appointee to the High Court, that she hoped that "the court you are joining today will remain the same high court of justice you knew as a lawyer, and that its numerous achievements will not be forgone."

Friedmann said that he hopes "to alleviate the High Court's terrible workload, which does not detract from its prominent status in our society and in the world. The apparatus should be improved, and I hope this goal could be achieved by cooperation."
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